HOUSE OF REPRESENTATIVES

H.B. NO.

303

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to occupational health and safety.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 396, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"396- Acute care hospitals; zero lift policy. (a) Each general acute care hospital licensed under section 321-14.5 shall adopt a health care worker back injury prevention plan under which a needs assessment shall be conducted in relation to patient lifts. As part of the needs assessment, each hospital subject to this section shall develop a lifting and transferring process that identifies the patients who require the appropriate use of lift teams and lifting devices and equipment.

(b) Each hospital subject to this section shall implement a "zero lift policy" for all shifts for patients identified pursuant to subsection (a) as requiring the use of lift teams and lifting devices and equipment. Each general acute care hospital subject to this section, as appropriate and consistent with the needs assessment developed pursuant to subsection (a), shall use lift teams and lifting devices and equipment. Each general acute care hospital subject to this section shall provide training to health care workers on the appropriate use of the lifting devices and equipment. Training for these health care workers shall include body mechanics and the use of lifting devices to safely handle patients.

(c) Lift team members shall be given specialized training and shall demonstrate proficiency in safe techniques for lifting or transferring patients and the appropriate use of lifting or transferring devices and equipment. Lift teams shall use lifting devices and equipment when assisting health care workers throughout the hospital to lift patients unless the use of lifting devices and equipment is specifically contraindicated for the patient's condition or medical status.

(d) A health care worker who refuses to lift a patient due to concerns about worker and patient safety and the lack of trained lift team personnel or equipment shall not be the subject of disciplinary action by the hospital or any of its managers or employees that is based solely upon the refusal.

(e) Notwithstanding subsection (d), the hospital, its managers, or it employees may discipline a health care worker who refuses to lift a patient if the health care worker has been trained on appropriate patient and equipment lifting procedures and has appropriate, functional lifting devices and equipment available to perform the requested lift.

(f) It is not the intent of this section to prescribe a particular process for acute care hospitals subject to this section.

(g) For the purposes of this section:

"Lifting and transferring process" means a system whereby patients are identified based upon the potential risk of injury to the health care worker if the worker would need to lift or transfer that patient.

"Lift team" means hospital employees specially trained to handle patient lifts and transfers; provided that nothing in this section shall preclude lift team members from performing other duties as assigned during their shift.

"Zero lift policy" means replacing manual lifting and transferring of patients with powered patient transfer devices, lifting devices, or lift teams, consistent with the needs assessment developed by the hospital pursuant to subsection (a)."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Hospitals; Patient Lift Plan and Policy

 

Description:

Requires general acute care hospitals to use lift teams and lifting equipment and devices for the lifting and transferring of patients for whom not using lift teams and lifting equipment and devices would pose the risk of injury to the health care workers or the patients.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.